METRIX WAREHOUSE, INC., Respondent,
v.
DAIMLER-BENZ AKTIENGESELLSCHAFT, Defendant, and
Mercedes-Benz of North America, Inc., Petitioner.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued June 9, 1983.
Decided August 25, 1983.
Attorney(s) appearing for the Case
Paul Walter, Baltimore, Md. (William C. Sammons, Thomas M. Wilson, III, Tydings & Rosenberg, Baltimore, Md., Donald J. Zoeller, David A. Vaughan, Robert A. Cantor, Mudge, Rose, Guthrie & Alexander, New York City, Allan G. Freund, Wayne H. Samson, Montvale, N.J., on brief), for Daimler-Benz Aktiengesellschaft.
H. Kenneth Kudon, Los Angeles, Cal. (T.J. Pantaleo, Eric S. Engel, Pantaleo & Kudon, Chartered, Los Angeles, Cal., Barry L. Steelman, Melnicove, Kaufman, Weiner & Smouse, P.A., Baltimore, Md., David M. Sapiro, Sapiro & Gottlieb, East Brunswick, N.J., on brief), for Metrix Warehouse, Inc.
Before SPROUSE, ERVIN and CHAPMAN, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
CHAPMAN, Circuit Judge:
This matter is before us upon a certification under 28 U.S.C. 1292(b). The sole issue is whether section 2(c) of the Robinson-Patman Act, 15 U.S.C. § 13(c),1 proscribes an incentive program in which appellee Metrix Warehouse, Inc. (Metrix) makes payments to parts managers of Mercedes-Benz dealerships based on the number of Metrix products purchased by the parts managers' employers. The district court denied...
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